L. R. Builders Private Limited vs P. P. Jewellers Private Limited & Ors
- CitationComp. App. (AT) No. 40 of 2026
Ratio decidendi
The rule this decision rests on
The Tribunal's reasoning is limited to a single point: a direction restraining a party from filing further interlocutory applications without justification, and imposing exemplary costs for any such filing, is an observation that may cause prejudice to the party against whom it is passed and is unnecessary, so such remarks are to be expunged from the impugned order. Expunging them does not curtail the Adjudicating Authority's power, which is well within its jurisdiction to deal with such applications in accordance with law.
Written by Miss Lucy from the judgment below, not taken from a headnote.
Judgment
As delivered
IN THE MATTER OF: L.R. Builders Pvt. Ltd. ...Appellant
Versus
P.P. Jewellers Pvt. Ltd& Ors. ...Respondents
Present: For Appellant : Mr. Ramji Srinivasan (Sr. Adv.), Mr. Abhishek Anand, Adv. Shilpa Ohri, Adv. Kanika Singhal, Adv. Muskan Puri, Ms. Shefali Munde, Mr. Arjun Bhatia, Adv. Sameer Singh, Advocates. For Respondents : Adv. Abhijeet Sinha (Sr. Adv.), Adv. Krishna Mohan Menon, Adv. Prerna Jain Kala, Advocates for R1.
ORDER
(Hybrid Mode)
02.02.2026 After hearing the Learned Senior Counsels appearing on
both the sides, we find there was no necessity to mention in the impugned
order, that "the Applicant/Respondent in the main case is directed not to file any
new I.A without a justification and if filed, exemplary cost will be imposed, as
such power is inherent and mentioning the same may cause prejudice to the
appellant. In the circumstances, these remarks are expunged from the
impugned order as it is well within the jurisdiction of the Learned NCLT to deal
with such applications, in accordance with law.
2. With these observations, appeal stands disposed of. Pending
application(s) No. 820, 819 and 821 of 2026 are also disposed of. Delay also
stands condoned.
[Justice Yogesh Khanna] Member (Judicial)
[Ajai Das Mehrotra] Member (Technical) MT/RR
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